John Calvert v. J. Thomas

FILED
NOT FOR PUBLICATION MAR 12 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN LEONARD CALVERT, No. 12-35169
Petitioner - Appellant, D.C. No. 3:09-cv-00213-JE
v.
MEMORANDUM *
J. E. THOMAS, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the District of Oregon
Michael H. Simon, District Judge, Presiding
Argued and Submitted March 5, 2013
Portland, Oregon
Before: TASHIMA, CLIFTON, and BEA, Circuit Judges.
John Calvert appeals the district court’s denial of his 28 U.S.C. § 2241habeas petition. We have jurisdiction under 28 U.S.C. § 1291 and § 2253(a), and
we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Calvert challenges the decision of the Bureau of Prisons not to grant him
prior-custody credit, against his 270 month federal sentence, for time he served in
Washington state custody before his federal sentence was imposed. His claim fails.
First, the Bureau of Prisons had the authority to calculate prior-custody
credit, and was not bound by the sentencing court’s recommendation. See United
States v. Wilson, 503 U.S. 329, 333-35 (1992); Taylor v. Reno, 164 F.3d 440, 446
(9th Cir. 1998).
Second, pursuant to 18 U.S.C. § 3585(b), the Bureau properly denied
Calvert’s request because that time had already been credited against his state
sentence. Wilson, 503 U.S. at 333.
Nothing in our decision suggests that Calvert cannot seek an adjustment of
his sentence with the original sentencing court. The government indicated that it
would not object to the sentencing court considering whether Calvert’s sentence
should be corrected in light of the Bureau’s calculation of Calvert’s projected
release date and the conclusion of these proceedings.
AFFIRMED.
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